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Causa n°1264 - 10

UNODC No.:
ARG025
Decision/Verdict Date:
2011-09-08
Author:
UNODC
Court:
Federal Criminal Court of Resistencia (Tribunal Oral Criminal Federal de Resistencia)

Keywords

Form of Trafficking:
Internal
Sector in which exploitation takes place:
Commercial sexual exploitation
Means:
Threat or use of force or other forms of coercion
Deception
Abuse of power or a position of vulnerability
Acts:
Recruitment
Transportation
Transfer
Harbouring
Receipt
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal

1st Instance:

Tribunal Oral Criminal Federal de Resistencia

Resistencia

08/09/2011

Victims / Plaintiffs in the first instance

Victim:
C.V.Z.
Gender:
Female
Victim:
L.M.C.
Gender:
Female

Defendants / Respondents in the first instance

Defendant:
O.G.B.
Gender:
Male
Defendant:
G.E.N.
Gender:
Male
Defendant:
D.L.A.
Gender:
Male
Defendant:
M.A.S.
Gender:
Female

Fact Summary

This case began with a complaint made by the ex-husband of a victim C.V.Z. He showed to the police text messages on his cell phone, proving that the victim was locked up in a brothel in the city of Resistencia and was threatened of death if she managed to escape.

During the trial the victim C.V.Z. reported that she received a job offer to work in a Bar in the city of Resistencia, the woman responsible for the offer was known as “Soledad”, she  asked the victim's ID number in order to buy her ticket to that city. “Soledad” told the victim she would earn an income around $4000 to $5000 pesos, and after 15 days of work the victim could go to visit her family.

After her arrival, she was hosted by D.L.A., known as “Beto”, who took her to the Brothel called “Las casitas de la tolerancia” or “El Deseo” and explained her about her real job, the exercise of prostitution. D.L.A. informed furthermore about her debt with “Soledad” due to the tickets bought by her and in order to pay off the debt, the victim would have to work there for at least two months to be able to make that money, without leaving the premises to visit her family as previously promised.

The victim asserted she was obliged to work every single day, and if she refuses, she was “fined” with 1500 pesos. All the girls at the brothel had to pay for their food, which led to endless debts with the defendant.

After victim’s arrival, D.L.A. was the person in charge for collecting the victim’s passports saying they would return only when they pay their debts to the other defendants.

The defendants G.E.N. and O.G.B. worked as receptionist at the Brothel and they were in charge to watch the victims and accompany them to everywhere they went.

In February 2009, the police operation was conducted to arrest the defendants and to rescue the girls. All victims were rescued and the defendants O.G.B. and G.E.N. were arrested.

Charges / Claims / Decisions

Defendant:
O.G.B.
Verdict:
Not Guilty
Charge / Claim:
Trafficking in Persons
Legislation / Statute / Code:

Article 145 bis Penal Code

Defendant:
G.E.N.
Verdict:
Not Guilty
Charge / Claim:
Trafficking in Persons
Legislation / Statute / Code:

Article 145 bis Penal Code

Defendant:
D.L.A.
Verdict:
Guilty
Charge / Claim:
Trafficking in Persons
Legislation / Statute / Code:

Article 145 bis Penal Code

Term of Imprisonment:
4 years
Defendant:
M.A.S.
Verdict:
Guilty
Charge / Claim:
Trafficking in Persons
Legislation / Statute / Code:

Article 145 bis Penal Code

Term of Imprisonment:
3 years
Legal Reasoning:

On February 17, 2009, the Judge ordered a police raid at the premises of the brothel called “El deseo” which was conducted by the Chief of the Human Trafficking Division of the Federal Police from Argentina on 20 February at 00:20 hours.

Both C.V.Z. and C.M.L., asserted at that time, they were there against their will, they were deceived about the type of work they would do and asked for help to leave that place.
G.E.N. and O.G.B. were responsible for controlling the other girls and accompanying them everywhere they went.
Therefore, the Court decided to include their arrest and include them in the trial as participants of the crime.

On March 18, 2009 the Federal Court proceeded to the arrest of the defendant M.A.S., as the woman who captured, deceived, and convinced the victim to move to the city of Resistencia, handing her the tickets he had purchased for the transfer.

The representative of the Public Prosecutor stated "... In the case of G.E.N. and O.G.B., I will ask for absolution in this regard. Not credited, in my opinion with sufficient certainty, that these two girls have to do with the crime investigated, in my opinion these girls are victims too ... ".

The Court granted the request of the prosecution, absolving G.E.N. and O.G.B.

It was established that the transfer of C.V.Z. to the brothel was for purposes of sexual exploitation by D.L.A. who was the main beneficiary, since he was the owner of the premises.

It was also proved during the audiences that C.V.Z., was surprised when she reached her destination at the Brothel, showing their displeasure because, she was told that the job was another, as a waitress, serving at a bar and not exercising prostitution.

As a result of the abundant evidences gathered during the trial, the Court reached to an absolute certainty regarding the participation of the defendants M.A.S. and D.L.A., on a direct intent, as co-authors of the crime of trafficking a person over eighteen years (art. 145 bis of the Penal Code).
The action of the defendant M.A.S. are duly accredited as having captured and transported C.V.Z., who is 18 years old, from the city of Tres Isletas to the city of Rio Gallegos, by deception and abuse of her position of vulnerability for the sole purpose of sexual exploitation.

The Court also concluded that, the victim's consent was also flawed by abuse of a position of vulnerability. The victim was exploited by the accused and she was placed in a situation of being conditioned to provide sexual services for which it was carried over 3,000 miles from his home.

Regarding D.L.A., the Court analyzed all the circumstances such as the  time and place in which the event took place, his old way of life, his socio-economic situation, his crime awareness and, especially, the resources used by him for the effort criminal

Under such understandings the Court thought fair and reasonable the penalty of four years in prison, legal incidents and respective legal costs.

Regarding M.A.S., the Court I considered fair and reasonable the penalty of three years and six months in prison, legal incidents and respective legal costs.

Sources / Citations

Judgment - Causa 1264 - Resistencia

Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina

Attachments